806 F.3d 883
6th Cir.2015Background
- Deputy Patrick encountered Armetta Foster on I-75 with her two children in May 2011.
- Patrick allowed Foster to remain on the highway but warned she could be cited for stopping there.
- Foster insisted she would continue walking; Patrick threatened to call DCS for the children.
- Patrick claimed Foster blade toward him; Foster entered the cruiser; he fired multiple times as he pursued.
- Foster drove away, Fuk shot occurred during and after she fled in the cruiser; Foster died from gunshot wounds.
- Leonard Foster sued Patrick under 42 U.S.C. § 1983 alleging Fourth and Fourteenth Amendment violations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the use of deadly force lawful under the Fourth Amendment? | Leonard argues Foster posed no imminent threat when shot. | Patrick contends Foster threatened with a weapon and fled in a cruiser. | No clearly established right; jury could find Fourth Amendment violation. |
| Is the right to be free from excessive force clearly established under these facts? | Leonard asserts precedent forbids deadly force on non-dangerous fleeing felon. | Patrick relies on heightened safety concerns and Scott/Garner authorities. | Cupp/Bouggess-like facts support the right being clearly established. |
| Do genuine issues of material fact preclude qualified immunity? | Leonard presents disputed accounts favoring excessive force. | Patrick asserts reasonableness of his actions. | Yes; disputes preclude granting summary judgment on immunity. |
Key Cases Cited
- Tennessee v. Garner, 471 U.S. 1 (U.S. Supreme Court 1985) (deadly force must be reasonable; fleeing suspects pose no risk in some contexts)
- Plumhoff v. Rickard, 134 S. Ct. 2012 (U.S. Supreme Court 2014) (right must be clearly established with definite contours)
- Cupp v. Couger, 430 F.3d 766 (6th Cir. 2005) (no immediate danger when suspect in car; deadly force not justified)
- Bouggess v. Mattingly, 482 F.3d 886 (6th Cir. 2007) (struggle prior to flight does not justify deadly force during flight)
- Godawa v. Byrd, 798 F.3d 457 (6th Cir. 2015) (summary of Cupp and Bouggess guidance on clearly established rights)